Legal Question in Credit and Debt Law in California

I have received a letter from an attorney on a past due bill. The amount requested is for the amount of the original bill of $1450 + accrued interest of $608. Is this legal and is it "written in stone" or is there any way to get it reduced or get around it?


Asked on 9/27/10, 10:17 am

2 Answers from Attorneys

Tony Carballo Carballo Law Offices

I am sure that you offer a lump sum payment they will the accept the original bill. You can even try offering less and negotiate. You might want to start at 50% of the original bill and maybe go up to $1,000 and if you get it for that it might be a great deal depending on the nature of the bill and many other issues that I do not know from your question. Good luck....

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Answered on 10/02/10, 10:27 am
Steven Simons Law Office of Steven A. Simons

Tony is correct you can probably negotiate it down. First be sure the letter is from a law office. Many letters come on law office letter head and when you call you are talking with a debt collector. Be careful here as the debt collectors can and will be abusive. I am an attorney and they often forget to speak nice to me. I then call their supervisors and remind them of the rules that they must operate under.

I would not, ever, admit that the debt is valid. The amount could be incorrect or the ebt could be barred for any number of reasons. Rather I would send a debt validation letter and make them prove that they are the correct holder or assignee of the debt and that the figures they have are correct. Several clients have settled a debt only to have another debt collector later come along and assert that the prior collector was not authorized etc.

Perhaps consult an attorney to see what defenses there might be to the debt. An initial 1/2 hour consultation could save you several hundred dollars.

Good luck.

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Answered on 10/02/10, 11:04 am


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